Several bar owners around Colorado Springs refuse to go smoke free despite the state-wide smoking ban that's been in effect for nearly two years.

The owner of Murray Street Darts, Bruce Hicks says, he's not stopping his customers from lighting up. He does however ask that they donate $1 if they do decided to smoke inside his bar.

Hicks says he's using the money to pay smoking tickets and lawyers.

"Tobacco is a legal substance and the government is taking away my rights," said Hicks.

Hicks is challenging the state-wide smoking ban law that was passed in July of 2006.

Hicks has been going to court to battle his smoking tickets and he believes he's winning. "I've gotten 23 tickets and 19 of them have been dismissed so far," said Hicks.

He's also been going to court to have the current smoking ban law declared unconstitutional. "We are going to stir enough up that the legislators will have to re-write the law," said Hicks. Then he said, he wants the law amended to exempt small bars.

Other bar owners around town say Hicks is running his risks. "We did not want to put our liquor license on the line," said Neil Hager, owner of Dead Ant Tavern.

Hager says he doesn't like the smoking ban either. "I think it's a very poor law," said Hager. But he says he will continue to obey the law and will continue to hang a sign of defiance outside his business. The sign reads: Smoking, my business, my customers, our choice!

Hicks has already paid thousands of dollars in legal fees and nearly $1,000 in smoking tickets. He says every penny has been worth it. His next court date is in June.